85R3391 SMT-D
By: Zaffirini S.B. No. 2025
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a peer support program for
residents of state supported living centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 555, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. PEER SUPPORT PROGRAM
Sec. 555.201. PEER SUPPORT PROGRAM ESTABLISHED. (a) The
office shall develop and implement in each state supported living
center a peer support program under which a state supported living
center provides peer support services as an institutional benefit
to residents. The program's peer support services must be designed
to:
(1) make residents more aware of the restrictions
limiting their control over their lives;
(2) encourage a renewed effort by the state supported
living center to provide education to residents and families of
residents regarding a resident's basic rights and the application
of those rights to a person-centered life;
(3) increase the accountability of the state supported
living center's staff; and
(4) help protect residents' rights.
(b) In developing and implementing the peer support
program, the office may collaborate with the Office of Consumer
Rights and Services of the Department of Aging and Disability
Services, or its successor agency, and appropriate state protection
and advocacy agencies.
Sec. 555.202. PEER SUPPORT SPECIALISTS. (a) A peer support
program must establish peer support specialists to provide
supportive services to residents.
(b) An individual is eligible to serve as a peer support
specialist only if the individual:
(1) has been diagnosed with an intellectual or
developmental disability;
(2) was a resident of a state supported living center
before serving as a peer support specialist;
(3) lives independently in the community during the
time the individual serves as a peer support specialist; and
(4) is knowledgeable regarding resident rights.
(c) A peer support specialist shall assist a resident to
achieve the resident's goals for independence by helping the
resident:
(1) develop a specific action plan;
(2) access available resources; and
(3) understand the resident's rights on a state
supported living center campus.
Sec. 555.203. PEER SUPPORT SPECIALIST COACHING SERVICES.
The office shall provide coaching services to peer support
specialists, including:
(1) emotional assistance;
(2) informational assistance;
(3) assistance developing specific action plans; and
(4) assistance identifying available resources.
Sec. 555.204. INITIAL ESTABLISHMENT AND EXPANSION. (a) The
office shall establish a peer support program in three state
supported living centers as soon as practicable.
(b) The office shall establish a peer support program in
each state supported living center in the state not later than
September 1, 2021.
SECTION 2. Section 555.059(a), Health and Safety Code, is
amended to read as follows:
(a) The independent ombudsman shall:
(1) evaluate the process by which a center
investigates, reviews, and reports an injury to a resident or
client or an unusual incident;
(2) evaluate the delivery of services to residents and
clients to ensure that the rights of residents and clients are fully
observed, including ensuring that each center conducts sufficient
unannounced patrols;
(3) immediately refer a complaint alleging the abuse,
neglect, or exploitation of a resident or client to the Department
of Family and Protective Services;
(4) refer a complaint alleging employee misconduct
that does not involve abuse, neglect, or exploitation or a possible
violation of an ICF-IID standard or condition of participation to
the regulatory services division of the department;
(5) refer a complaint alleging a criminal offense,
other than an allegation of abuse, neglect, or exploitation of a
resident or client, to the inspector general;
(6) conduct investigations of complaints, other than
complaints alleging criminal offenses or the abuse, neglect, or
exploitation of a resident or client, if the office determines
that:
(A) a resident or client or the resident's or
client's family may be in need of assistance from the office; or
(B) a complaint raises the possibility of a
systemic issue in the center's provision of services;
(7) conduct biennial on-site audits at each center of:
(A) the ratio of direct care employees to
residents;
(B) the provision and adequacy of training to:
(i) center employees; and
(ii) direct care employees; and
(C) if the center serves alleged offender
residents, the provision of specialized training to direct care
employees;
(8) conduct an annual audit of each center's policies,
practices, and procedures to ensure that each resident and client
is encouraged to exercise the resident's or client's rights,
including:
(A) the right to file a complaint; and
(B) the right to due process;
(9) prepare and deliver an annual report regarding the
findings of each audit to the:
(A) executive commissioner;
(B) commissioner;
(C) Aging and Disability Services Council;
(D) governor;
(E) lieutenant governor;
(F) speaker of the house of representatives;
(G) standing committees of the senate and house
of representatives with primary jurisdiction over state supported
living centers; and
(H) state auditor;
(10) require a center to provide access to all
records, data, and other information under the control of the
center that the independent ombudsman determines is necessary to
investigate a complaint or to conduct an audit under this section;
(11) review all final reports produced by the
Department of Family and Protective Services, the regulatory
services division of the department, and the inspector general
regarding a complaint referred by the independent ombudsman;
(12) provide assistance to a resident, client,
authorized representative of a resident or client, or family member
of a resident or client who the independent ombudsman determines is
in need of assistance, including advocating with an agency,
provider, or other person in the best interests of the resident or
client;
(13) make appropriate referrals under any of the
duties and powers listed in this subsection; [and]
(14) monitor and evaluate the department's actions
relating to any problem identified or recommendation included in a
report received from the Department of Family and Protective
Services relating to an investigation of alleged abuse, neglect, or
exploitation of a resident or client; and
(15) develop and implement peer support programs under
Subchapter F.
SECTION 3. This Act takes effect September 1, 2017.